Chapter 12- Rules of criminal law Flashcards

1
Q

How would you define a crime?

A

A conduct which is forbidden by the state and there is a punishment

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2
Q

What is a brief overview of the theory of criminal law?

A
  • Criminal law is often seen as retributive justice (a system of criminal justice based on the punishment of offenders rather than on rehabilitation)
  • Modern criminal law isn’t just about punishment but also corrective justice (the idea that liability rectifies the injustice inflicted by 1 person on another. This is also a major part of tort law)
  • The criminal law also provides a form of social control over society
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3
Q

What is the role of the state?

A
  • It can be made by passing an Act
  • A breach can lead to a penalty such as fine or imprisonment, being imposed on the D in the name of the state
  • Therefore bringing a prosecution is usually seen as part of the role of the state
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4
Q

What/When is conduct criminalised by judges?

A
  • Occurs when judges create new offences through case law
  • Only happens on rare occasions as most is made by parliament
  • Example- the offence of conspiracy to corrupt public morals (Shaw v DPP)
  • Example- marital rape (R v R)
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5
Q

What are the most important principles for all crimes except ones of strict liability?

A
  • Actus reus

- Mens rea

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6
Q

What is actus reus?

A

An act, an omission or a state of affairs that is the prohibited conduct in an offence

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7
Q

What is mens rea?

A

This is the mental element (guilty mind) or the fault element in an offence

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8
Q

What are strict liability crimes?

A

The prosecution need prove only the actus reus, with no mental element being needed for guilt

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9
Q

What are the rules of the standard of proof?

A
  • The prosecution has to prove the case against the defendant
  • In criminal= ‘beyond reasonable doubt’
  • In civil= ‘on the balance of probabilities’
  • Criminal requires a higher standard of proof because the D is at risk of loosing their liberty if found guilty
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10
Q

What are the rules of the burden of proof?

A

-An accused person if presumed innocent until proven guilty
-The burden of proof is on the prosecution
-Prosecution must prove both the required actus reus and the required mens rea
-An important case on these principles is Woolmington v DPP
-The case decision made important points the HoL regarded as fixed matters on English law;
_prosecution must prove the case
_rule applies to all criminal cases
_must be applied in any court where there is a criminal trial
_guilt must be beyond reasonable doubt
_reasonable doubt can be made by evidence from the defence or prosecution

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11
Q

What is a reverse burden/onus?

A
  • If the burden of proof is on the defendant
  • EG, if the claim they were insane at the time, the burden of proving this is on them
  • Where a statute places the burden of proof on the defendant, the standard is the civil one of ‘on the balance of probabilities’
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